Terms and Conditions
This website is operated by Designer Crown Hire. Throughout the site, the terms “we”, “us” and “our” refer to Designer Crown Hire. Designer Crown Hire offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or hiring something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - Definitions
1a) “DCH” (“we”, “our”, “us”) means Designer Crown Hire trading as Designer Crown Hire (ABN 45 831 562 508) or any person acting on behalf of and with the authority of DCH.
1b) “Customer” (“renter“, “client”, “you” or “your”) means the Customer or any person acting on behalf of and with the authority of the Customer and/or the ‘cardholder’. The ‘cardholder’ (being the person that either books the Item or pays for the Item) is incorporated into definition of the Customer (and is considered as the Customer in addition to the person that wears the Item) regardless of whether they are wearing the Item.
1c) “Item” means all items (including any crowns, headbands or earrings etc.) supplied on hire by DCH to the Customer in accordance with these Terms.
1d) “Hire Period” means the period that the Customer booked the Item for – starting from the day the Item is booked by the Customer, to the day the Item is to be returned via postage in person at an authorised Australia Post location.
1e) “Hire Fee” (“hire price”, “price”) means the cost of the hire of the Item agreed between DCH and the Client.
SECTION 2 - Online Store Terms (General and Minors)2a) The following circumstances constitute your acceptance of these Terms of Service:
- your signature (whether electronic or actual); or
- your confirmation (whether electronic or actual); or
- your conduct (either express or implied); or
- any instructions received by DCH from the Customer which a reasonable person would believe constitutes acceptance of these Terms of Service.
2b) Where more than one Customer has entered into this agreement, the Customer shall be jointly and severally liable for all payments in connection with Hire Fees due and owing to DCH.
2c) Upon acceptance of these Terms of Service by the Customer, the Terms are binding and irrevocable and can only be amended with the written consent of DCH.
2d) If you are under the age of 18, you represent and warrant in favour of DCH that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our services on this basis.
2e) We reserve the right to refuse service to anyone for any reason at any time.
SECTION 3 - Hire Period and Late Fees
3a) Where the agreed Hire Return Due Date falls on a Sunday or a Public Holiday in the state in which it is sent, the Item is to returned the next business day.
3b) Where Item has not been returned to DCH by the agreed Hire Return Due Date then DCH shall be entitled to charge additional Hire Fees until the Item is returned to DCH. Such additional charges shall be charged a fixed rate of $30 for each day overdue until proof that the item has been lodged for postage at an authorised Australia Post store.
3c) If the Customer pays DCH an amount equal to 200% of the recommended retail value in late fees and the Customer still has the Item(s) in their possession, the Item(s) is The Customers’s to keep.
3d) If the Customer has not returned the rental Item(s) within 15 days after the return date, DCH will consider the hire Item(s) as non-returned and will charge the Customer 200% of the recommended retail value minus the rental and late fees that the Customer has already paid.
SECTION 4 - Cleaning
4a) DCH takes care of the cleaning of Items between hires. The Customer agrees that they will not attempt to clean, press, alter or repair the Item.
4b) Customers must not pin, sew or glue any item that is hired.
SECTION 5 - Insurance
5a) DCH retains property of the Item nonetheless all risk for the Item passes to the Customer on delivery.
5b) The Customer accepts full responsibility for the safekeeping of the Garment. The named hirer has the sole responsibility for the item until the item is returned to Designer Crown Hire premises.
5c) If the Item gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer then the Customer will be liable to pay for replacement of the item. The Customer must contact DCH via email/website contact page immediately outlining the circumstances. In assessing the replacement value, DCH will charge 200% of the recommended retail value to replace the Item. This invoice mjst be paid within 2 weeks of issue.
5d) If the Item is accidentally damaged, the Customer will receive a $100 accidental damage insurance towards repair or replacement. DCH must be notified prior to postage explaining the damage. If the item is returned to DCH without notification of damage the Customer will be responsible for full charges due to mishandling of packaging and subsequent damage in transit. The cost of charges is of the discretion of DCH.
5e) Customers must not attach any kind of external elastics, pins clips or anything that may damage the item.
SECTION 6 - Title To Hired Item
6a) The Item is and will at all times remain the absolute property of DCH.
6b) If the Client fails to return the Garment to DCH then then ONS or ONS’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Garment is situated and take possession of the Garment.
SECTION 7 - Defects
7a) Customers should check their item thoroughly on the day of receipt and advise us of any damage, marks, or items missing. Any damage not reported by 7 p.m. on the day of collection, will be charged to the hirer.
7b) The customer acknowledges that the items which they are hiring from Designer Crown Hire may not be in their original condition and are therefore may be subject to general fair, wear and tear.
7c) Refund, cancellation or exchange of a hire booking will not be accepted if the item is subject to general fair, wear and tear. The nature of general fair, wear and tear will be determined by Designer Crown Hire in our sole discretion.
SECTION 8 - Client Responsibility
The Client shall:
- Immediately notify DCH of any damage to the Item that occurs during the Hire Period;
- On completion of the hire, return the Item via the supplied prepaid Australia Post satchel in good order as given, to DCH;
- Pay the Hire Fee in full (if and when due) in accordance with these Terms;
- Keep the Item in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Item;
- Not alter or make any additions to the Item or in any other manner interfere with the Item;
- Not apply/use hairspray, perfume, fake tan or other spray after wearing the Item and/or;
- Customers must not attach any kind of external elastics, pins clips or anything that may damage the item.
SECTION 9 - Cancellation
DCH may cancel these Terms or cancel the hire of a Item at any time before the Item is delivered by giving written notice. On giving such notice DCH shall repay to the Customer any sums paid in respect of the Hire Fee. DCH shall not be liable for any other loss or damage howsoever arising from such cancellation.
SECTION 10 - Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our services and/or the information or materials connected with our services under these Terms.
SECTION 11 - Accuracy, Completeness and Timeliness of Information
11a) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
11b) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 12 - Modifications to the Service and Prices
12a) Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
12b) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 13 - Products or Services
13a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
13b) We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
13c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
13d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 14 - Accuracy of Billing and Account Information
14a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
14b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 15 - Personal Information
SECTION 16 - Errors, Inaccuracies and Omissions
16a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 18 - Disclaimer of Warranties; Limitation of Liability
18a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
18b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
18c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.18d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18e) In no case shall Designer Crown Hire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 - Indemnification
You agree to indemnify, defend and hold harmless Designer Crown Hire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - Termination
21a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
21b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
21c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - Entire Agreement
22a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
22b) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
22c) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 24 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - Contact InformationQuestions about the Terms of Service should be sent to us at firstname.lastname@example.org